Legal Question in Family Law in South Carolina
Adding a name to a deed
QUESTION #1
I own a house that is in my name only. My daughter and her family live there. I still owe a mortagage on this property. Can I add her name to the DEED, so if I should die, the house will be hers? I know the mortgage would still have to be paid.
QUESTION # 2
I am 55, my spouse of over 8 years is 59. He is very abusive verbally, emotionally, and mentally. The home we have is in both of our names. If I leave and go to stay with my daughter or other family member, in the hopes of possible reconcilliation after a time of being a part, does he have any grounds (should he decide to take actions)to sue me for desertion, or any thing of that nature? I don't want to start divorce actions, in the hope the marriage will work out. My pastor suggested I ask an attorney if it is safe/wise to move out for a while, leaving everything behind.
Thank you for your time!
1 Answer from Attorneys
Re: Adding a name to a deed
It would be helpful to know more about the house your considering deeding to your daughter, such as whether it was bought before or after the marriage and whether your husband contributed any money or work into the house. As to your second question, South Carolina has a divorce ground based on desertion, which requires that you be gone for a year and your spouse doesn't know where you are. The other four ways of divorcing someone in SC are, being separated for one year, adultery, drug/alcohol abuse, physical abuse. My response here is intended for general informational purposes only and should not be construed as specific legal advise. There are too many variables and potential problems in any marital situation where one spouse moves out. You the
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